Ltr from Parrish May 3, 2011 Received
MAY 3 - 2011
Office of City Clerk
May 3, 2011
BY HAND DELIVERY TO CITY HALL
The Honorable Mike Borno
Mayor of the City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Re: Donald and Karen Wolfson
1725 Beach Avenue
Atlantic Beach, FL 32233
ZVAR- 2011 -01
Dear Mayor Borno:
We write in support of Don and Karen Wolfson's request for a variance for their vacant
lot on the west side of Beach Avenue across from their home. We own a similar unimproved lot
across from our home at 1731 Beach Avenue. We are in favor of their request on its merits and
concerned that a refusal to grant a variance to the Wolfsons may by construed by future elected
and/or appointed officials as precedent to deny permitting for construction that would render our
lot practically unusable, thereby destroying its value.
Forrest and I moved to 1731 Beach Avenue in 1996 and have resided there continuously
since, raising three children. When we purchased our home, including our lot on the west side of
Beach Avenue, we did so from Forrest's mom Lorraine who with her husband Gene purchased
this property in 1958. Gene was the founder of the North Beaches Association. At that time, our
4500- square -foot lot (90 x 50) we believed was of sufficient size to permit construction of a
residence, and the price we paid for it reflected that possible use. We have paid taxes every year
since on an assessed value which assumes that the lot is functionally buildable as a single family
dwelling. As you well know, when this family property became part of Atlantic Beach, officials
expressly stated that the right to develop our property would be no more restricted under Atlantic
Beach rules than it was under the City of Jacksonville zoning.
Indeed, when our city collected a linear foot assessment for utilities on this lot, Bob
specifically declared in a Commission meeting that if the City collected this assessment our lot
must be forever buildable. The Commissioner assented to this assertion. The City has thereby
waived its right to delimit my buildability with more restrictive setbacks than existed under the
City of Jacksonville.
Refusal to grant the requested variance to the Wolfsons will deprive them of the
reasonable use of their lot and would be a departure from previous decisions granting similar
• Page 2 May 3, 2011
requests. A structure as proposed by the Wolfsons would be perfectly in character with our
neighborhood (we've lived at the Beach since 1960; Forrest's parents since 1958), particularly
the stretch of Beach Avenue from 16 Street northward. We realize that anyone who moved here
yesterday but pays taxes has rights equal to ours, but don't we have some solid standing, and
historical credibility? We have given our lives, spirits, souls, and treasure to this community. We
ask you to treat us fairly, as others have been treated.
It must be recognized that a denial of the Wolfson's request for variance will inevitably
lead to costly lititgation. The city's lawyer (who has previously said denial of a similar variance
would be indefensible, but seemingly now tries to backtrack on that sound advice) will make a
fee and the city will lose. He is a very close, respected and beloved friend, but in my legal
opinion there is no legal basis for his apparent conclusion that what was once indefensible is now
defensible.
There is no competent substantial evidence from which a reasonable mind can draw such
a conclusion. There have been NO changes in the LDR's relating to rear yard setbacks in this
neighborhood that change the rights of the Wolfsons to be granted a rear yard setback of 10
feet —a policy and practice of Atlantic Beach since annexation as evidenced by the prior
opinions of the city attorney and prior Commission action (Landon, Hawkes properties, etc.).
Mr. Wolfson's prior positions on land use are legally irrelevant, and it was improper for the
Development Board to even consider them.. Public opinion alone is not a legal basis on which to
deny a variance.
Bob has read the Order Denying Variance and there is no substantial competent evidence
in the minutes to support the "findings" therein. The Board completely ignored the existing
Atlantic Beach policies. There is no doubt that a court will so find.
We also note that it appears that Mr. Wolfson was blindsided and therefore denied due
process when, at a Board Member's request, staff introduced a power point presentation
regarding potential uses of the Wolfson property. This was presented AFTER staff presentation,
public comment, and the Wolfson's presentation. When Mr. Wolfson asked to be allowed to
address and rebut this, he was denied the opportunity to do so. Mr. Wolfson never saw this
presentation or its documents until staff presented it at the request of the Board Member. This was a
denial of due process and basically amounts to what we trial lawyers call "trial by ambush ". By
the way, please keep in mind that staff RECOMMENDED granting the variance. At least staff
remembered city policy regarding "...allowances previously granted to other undeveloped
substandard lots of record in the vicinity and adversely affected by the 1987 annexation of
Seminole Beach into the City of Atlantic Beach ". (Quoting Staff Comments and
Recommendation presented to the Community Development Board 3/15/11.
Bob has been litigating for 33 years. He has a firm of twenty five lawyers at his
disposal. He has been blessed with a successful career and assets to pursue this issue to
conclusion. Some will call this a threat; our friends and fellow citizens paying the legal bill (like
they did when Mr. Wolfson in our view wrongfully and unsuccessfully fought our dear friend
Lindley Tolbert—get the irony ?) should call it reality.
• Page 3 May 3, 2011
As protectors of the public fisc, it is your legal and moral duty to grant this variance. We
expect you to fulfill that duty now.
Finally, we want you all to know that we frankly cannot understand how, other than out
of personality issues and old political rivalries that we are all aware of, a fair minded person
considering the history of past variances in this area, could vote to deny this one. Past political
battles have no role here. The ultimate irony of such action would be to hurt us, the ones who
were aligned against the subject applicants here in such prior political battles. Please forget that
stuff, realize the obvious merits, and grant this next customary variance in our neighborhood.
We respectfully request that you vote to grant the variance requested by the Wolfsons.
Very truly yours,
Robert B. Parrish
Forrest M. Parrish
RBP /ls
cc: The Honorable John L. Fletcher
The Honorable Paul B. Parsons
The Honorable Carolyn R. Woods
The Honorable Jonathan Daugherty
Alan Jensen, Esquire